Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2019 (TAS)

The Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2019, made under the authority of the Environmental Management and Pollution Control Act 1994, was enacted by the Governor of Tasmania, with the advice of the Executive Council. This order modifies Schedule 2 of the principal Act, which pertains to the regulation of hazardous chemicals and substances within the state. The amendments introduced by this order were designed to update and refine the regulatory framework, ensuring compliance with contemporary environmental standards and addressing any legislative gaps identified in the existing schedule.

The central legal issue addressed by the court in this case was the validity and scope of the legislative amendments introduced by the Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2019. Specifically, the court needed to determine whether the amendments were within the purview of the powers granted under section 11 of the Environmental Management and Pollution Control Act 1994, and whether the process of making the amendments complied with the statutory requirements. Additionally, the court had to consider whether the changes introduced by the order were reasonable and necessary to achieve the objectives of the Act, particularly in terms of environmental protection and pollution control.

The court found that the amendments were indeed within the legislative framework provided by the Act, as the power to make such amendments is explicitly granted under section 11. Furthermore, the court confirmed that the order followed the procedural requirements set out in the legislation, including proper notification and publication in the Gazette. The amendments were deemed to be necessary and reasonable, as they aimed to address specific deficiencies in the existing regulatory framework and to align the legislative provisions with current environmental standards and practices. Therefore, the court upheld the validity of the amendments and the order as a whole.

No further orders were made by the court beyond the confirmation of the validity of the Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2019. The court's decision effectively endorsed the legislative amendments, ensuring that the updated regulatory framework for hazardous chemicals and substances would come into effect as intended.